CRPC §28 → BNSS §23
Sentences which High Courts and Sessions Judges may pass
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Comparison
28. Sentences which High Courts and Sessions Judges may pass.—(1) A High Court may pass any sentence authorised by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
(3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.
23.
(1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service.
(3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service. Explanation.—"Community service" shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.
What changedAI-inferred
Sentences which High Courts and Sessions Judges may pass.
Old position
CrPC 28 is concerned with Sentences which High Courts and Sessions Judges may pass. Sentences which High Courts and Sessions Judges may pass
New position
BNSS 23 preserves the framework with drafting modernisations as required by the new code. Topic: Sentences which Magistrates may pass.. The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years
BNSS 23 (Sentences which Magistrates may pass.) preserves the framework of CrPC 28. BNSS 23 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 23 text: The Court of a Chief Judicial Magistrate may...
Editorial deltaAI-indicated (source-linked)
BNSS 23 (Sentences which Magistrates may pass.) preserves the framework of CrPC 28. BNSS 23 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 23 text: The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 28 continues to apply. For matters from that date forward, BNSS 23 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 23 (Sentences which Magistrates may pass.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §28 → BNSS §23 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/28.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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